HomeMy WebLinkAbout020823 RES - 11/07/1989A RESOLUTION
AUTHORIZING THE EXECUTION OF TWO AGREEMENTS
WITH THE STATE DEPARTMENT OF HIGHWAYS AND
PUBLIC TRANSPORTATION RELATING TO
IMPROVEMENTS ON AGNES STREET FROM PORT TO
PADRE ISLAND DRIVE. THESE AGREEMENTS PROVIDE
FOR THE CITY'S PARTICIPATION ESTIMATED AT
$481,718.60. THE PROJECT IS BEING
CONSTRUCTED UNDER THE STATE'S PRINCIPAL
ARTERIAL STREET SYSTEM PROGRAM.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Manager is hereby authorized
to execute two agreements with the State Department of Highways
and Public Transportation relating to improvements on Agnes
Street from Port to Padre Island Drive all as more fully set
forth in the Agreement, substantial copies which are attached
hereto and made a part hereof, marked Exhibit A and Exhibit B.
These agreements provide for the City's participation estimated
at $481,718.60. The project is being constructed under the
State's Principal Arterial Street System Program.
ATTEST:
City Secretary
APPROVED OS DAY OF October 1989
HAL GEORGE, CITY ATTORNEY
B
Assistant C
ty Attorney
89JB012.003.dv
M'YOR, CI Y OF CORPUS CHRISTI
MICROFILMED
CRP 89(312) MXA
102-1-78
Nueces County
STATE OF TEXAS
COUNTY OF TRAVIS
THIS AGREEMENT, made this day of , 1989, by and
between the City of Corpus Christi, Texas, hereinafter called the "City",
Party of the First Part, acting by and through its City Manager and the
State of Texas, hereinafter called the "State", Party of the Second Part,
acting by and through its State Highway and Public Transportation
Commission.
WHEREAS, the City desires the construction of drainage outfall and
incidental items within the limites from Port Avenue to Airport Road on
Loop 443 (Agnes Street), which is solely the City's responsibility and the
City has requested the State to construct or have constructed this work.
The State will construct or have constructed this work for and on behalf of
the City and at the City's sole expense, excluding preliminary engineering.
The estimated construction cost of this work is Thirty Two Thousand One
Hundred and No/100 Dollars ($32,100.00), including contingencies and
construction engineering, and
WHEREAS, the City by the execution of this agreement agrees to the
terms and conditions of Commission Minute No. 87554, as it applies to the
City, a copy of which is attached hereto and marked "Exhibit A" and made a
part of this agreement.
NOW THEREFORE, it is understood that this proposed work will be
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constructed by the State and the City will transmit to the State with the
return of this agreement, executed by the City, a warrant or check made
payable to the State Department of Highways and Public Transportation in
the amount of Thirty Two Thousand One Hundred and No/100 Dollars
($32,100.00), to be used in paying for the proposed work required by the
City in the City of Corpus Christi. It is further understood that the
State will construct only those items for the City as requested and
required by the City and the entire cost of such items, excluding
preliminary engineering, will be borne by the City. If the State elects to
receive bids and if upon receipt of bids by the State and/or the actual
construction and/or approved changes in the contemplated improvements it is
found that this amount is insufficient to pay the City's portion, then the
City upon request of the State will forthwith supplement this amount by an
amount equal to the City's full estimated or actual share of the cost of
this work less the amount previously paid to the State Department of
Highways and Public Transportation. In the event the amount as paid is
more than the actual cost, then the excess amount will be returned to the
City. It is further understood that the work to be done on behalf of the
City, as herein provided, will include the cost of contingencies and
construction engineering. It is further understood that the City by the
execution of this agreement agrees to the terms and conditions of
Commission Minute No. 87554, as it applies to the City, a copy of which is
attached hereto and marked "Exhibit A" and made a part of this agreement.
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IN TESTIMONY WHEREOF, the parties hereto have caused these presents to
be executed in duplicate on the day above stated.
By:
CITY OF CORPUS CHRISTI
Party of the First Part
City Manager
ATTEST:
City Secretary
Approved as to form:
Hal George, City Attorney
-�
Alison Gallaway,
Assistant City Attorney
STATE OF TEXAS
STATE HIGHWAY AND PUBLIC
TRANSPORTATION COMMISSION
Party of the Second Part
Certified as being executed for
the purpose and effect of acti-
vating and/or carrying out the
orders, established policies, or
work programs heretofore approved
and authorized by the State
Highway and Public Transportation
Commission under the authority of
Minute Order 82513.
By:
-3-
Director, Contract Management
WHEREAS, in NUECES COUNTY in the City of Corpus Christi on
AGNES (State Loop 443) on Airport Road to Port Avenue, a distance of
approximately 1.1 mile, a project is required; and
WHEREAS. this project qualifies for the 1988-92 Urban
System/Principal Arterial Street System Program (Major Urbanized Areas)
approved this date by State Highway and Public Transportation
Commission action; and
WHEREAS, the City of Corpus Christi has offered to provide one
hundred percent of the cost of right of way acquisition; and
WHEREAS, the City of Corpus Christi has offered to provide
$582,964 toward the construction of this project;
NOW, THEREFORE, IT IS ORDERED that the Engineer -Director 1s
hereby directed to tender the following proposal to the City of Corpus
Christi:
Provided the City of Corpus Christi will:
1. Provide one hundred percent of the cost of right of way
clear of obstructions and free of cost to the State with
acquisition procedures to be in accordance with policies of
the State Department of Highways and Public Transportation
and with applicable Federal and State laws governing the
acquisition policies for acquiring real property.
2. Provide ten percent of the cost of utility adjustments as
may be required in accordance with policies of the State
Department of Highways and Public Transportation.
3. Provide $582,964 toward the construction of this project.
4. Upon completion of 'the construction of this project,
maintain that portion of the work which Is its
responsibility in accordance with Federal and State
requirements, and agree to regulate traffic and prevent
encroachment on the right of way, all in accordance with
governing policies and regulations of the State Department
of Highways and Public Transportation.
The State Department of Highways and Public Transportation will:
1. Provide ninety percent of the cost of utility adjustments
as may be required in accordance with policies of the State
Department of Highways and Public Transportation.
2. Provide relocation assistance as may be determined to be
eligible under the Relocation Assistance Program.
3. Provide for construction.
4. Maintain that portion of the work which is its
responsibility in accordance with present maintenance
agreements.
Minute No. 87554 - Continued
Upon acceptance of the provisions of this Order by the City of
Corpus Christi. IT IS FURTHER ORDERED that Agnes (State Loop 443) from
Airport Road to Port Avenue be and is hereby designated a PRINCIPAL
ARTERIAL STREET; and
IT IS FURTHER ORDERED that the Engineer -Director is hereby
authorized to proceed in the most feasible and economical manner with
project development to include any necessary agreements, right of way
acquisition, utility adjustments. relocation assistance and
construction at an estimated cost of $3,092.800 to the State which will
be funded from the 1988-92 Urban System/Principal Arterial Street
System Program (Major Urbanized Areas).
This Order shall become operative upon acceptance by the City
of Corpus Christi; and if not accepted within 120 days of the date
hereof, the action herein contained shall be automatically canceled.
Minute No. 87554
June 28, 1988
COPY "EXHIBIT A"
CRP 89(313) MXA
102-1-79
Nueces County
STATE OF TEXAS
COUNTY OF TRAVIS
THIS AGREEMENT, made this day of 1989, by and
between the City of Corpus Christi, Texas, hereinafter called the "City",
Party of the First Part, acting by and through its City Manager and the
State of Texas, hereinafter called the "State", Party of the Second Part,
acting by and through its State Highway and Public Transportation
Commission.
WHEREAS, the City desires the construction of drainage outfall and
incidental items within the limits from Airport Road to State Highway
No. 358 on Loop 443 (Agnes Street), which is solely the City's
responsibility and the City has requested the State to construct or have
constructed this work. The State will construct or have constructed this
work for and on behalf of the City and at the City's sole expense,
excluding preliminary engineering. The estimated construction cost of this
work is Four Hundred Forty Nine Thousand Six Hundred Eighteen and 60/100
Dollars ($449,618.60), including contingencies and construction
engineering, and
WHEREAS, the City by the execution of this agreement agrees to the
terms and conditions of Commission Minute No. 87551, as it applies to the
City, a copy of which is attached hereto and marked "Exhibit A" and made a
part of this agreement.
-1-
NOW THEREFORE, it is understood that this proposed work will be
constructed by the State and the City will transmit to the State with the
return of this agreement, executed by the City, a warrant or check made
payable to the State Department of Highways and Public Transportation in
the amount of Four Hundred Forty Nine Thousand Six Hundred Eighteen and
60/100 Dollars ($449,618.60), to be used in paying for the proposed work
required by the City in the City of Corpus Christi. It is further
understood that the State will construct only those items for the City as
requested and required by the City and the entire cost of such items,
excluding preliminary engineering, will be borne by the City. If the State
elects to receive bids and if upon receipt of bids by the State and/or the
actual construction and/or approved changes in the contemplated
improvements it is found that this amount is insufficient to pay the City's
portion, then the City upon request of the State will forthwith supplement
this amount by an amount equal to the City's full estimated or actual share
of the cost of this work less the amount previously paid to the State
Department of Highways and Public Transportation. In the event the amount
as paid is more than the actual cost, then the excess amount will be
returned to the City. It is further understood that the work to be done on
behalf of the City, as herein provided, will include the cost of
contingencies and construction engineering. It is further understood that
the City by the execution of this agreement agrees to the terms and
conditions of Commission Minute No. 87551, as it applies to the City, a
copy of which is attached hereto and marked "Exhibit A" and made a part of
this agreement.
-2-
IN TESTIMONY WHEREOF, the parties hereto have caused these presents to
be executed in duplicate on the day above stated.
By:
CITY OF CORPUS CHRISTI
Party of the First Part
City Manager
ATTEST:
City Secretary
Approved as to form:
Hal George, City Attorney
8y. ,{
Alison Gallaway,
A_sistant City Attorney
-3-
STATE OF TEXAS
STATE HIGHWAY AND PUBLIC
TRANSPORTATION COMMISSION
Party of the Second Part
Certified as being executed for
the purpose and effect of acti-
vating and/or carrying out the
orders, established policies, or
work programs heretofore approved
and authorized by the State
Highway and Public Transportation
Commission under the authority of
Minute Order 82513.
By:
Director, Contract Management
WHEREAS, in NUECES COUNTY in the City of Corpus Christi on
AGNES (State Loop 443) from State Highway 358 to Airport Road, a
distance of approximately 1.9 mile, a project is required; and
WHEREAS, this project qualifies for the 1988-92 Urban
System/Principal Arterial Street System Program (Major Urbanized Areas)
approved this date by State Highway and Public Transportation
Commission action; and
WHEREAS, the City of Corpus Christi has offered to provide one
hundred percent of the cost of right of way acquisition; and
WHEREAS, the City of Corpus Christi has offered to provide
$1,946,500 toward the construction of.thls project;
NOW, THEREFORE, IT IS ORDERED that the Engineer -Director is
hereby directed to tender the following proposal to the City of Corpus
Christi:
Provided the City of Corpus Christi will:
1. Provide one hundred percent of the cost of right of way
clear of obstructions and free of cost to the State with
acquisition procedures to be in accordance with policies of
the State Department of Highways and Public Transportation
and with applicable Federal and State laws governing the
acquisition policies for acquiring real property.
2. Provide ten percent of the cost of utility adjustments as
may be required in accordance with policies of the State
Department of Highways and Public Transportation.
3. Provide 51,946,500 toward the construction of this project.
4. Upon completion of the construction of this project,
maintain that portion of the work which is its
responsibility in accordance with Federal and State
requirements, and agree to regulate traffic and prevent
encroachment on the right of way, all in accordance with
governing policies and regulations of the State Department
of Highways and Public Transportation.
The State Department of Highways and Public Transportation will:
1. Provide ninety percent of the cost of utility adjustments
as may be required in accordance with policies of the State
Department of Highways and Public Transportation.
Minute No. 87551 - Continued
2. Provide relocation assistance as may be determined to be
eligible under the Relocation Assistance Program.
3. Provide for construction.
4. Maintain that portion of the work which is its
responsibility In accordance with present maintenance
agreements.
Upon acceptance of the provisions of this Order by the City of
Corpus Christi, IT IS FURTHER ORDERED that Agnes (State Loop 443) from
State Highway 358 to Airport Road be and is hereby designated a
PRINCIPAL ARTERIAL STREET; and
IT IS FURTHER ORDERED that the Engineer -Director is hereby
authorized to proceed in the most feasible and economical manner with
project development to include any necessary agreements, right of way
acquisition, utility adjustments, relocation assistance and
construction at an estimated cost of 53,414,000 to,the State which will
be funded from the 1988-92 Urban System/Principal Arterial Street
System Program (Major Urbanized Areas). )
This Order shall become operative upon acceptance by the City
of Corpus Christi; and if not accepted within 120 days of the date
hereof, the action herein contained shall be automatically canceled.
Minute No, 87551
June 28, 1988
COPY
"EXHIBIT A"
99.066.01
Corpus Christi, Texas
day of �' kl(t( ^i', , 198`/
The above resolution was passed by the following vote:
Betty N. Turner �c
David Berlanga, Sr. I( y
Leo Guerrero
Tom Hunt I(
Edward A. Martin (( y
Joe McComb 1( 1
Clif Moss l.t
Mary Rhodes c t;
Frank Schwing, Jr. <(�,
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